Mr Xie appeared in the Supreme Court of NSW to hear Justice Rothman hand down his decision. Mr Xie is committed to stand trial over the 2009 killings.

On Friday, during the appeal hearing, the senior Crown prosecutor, Mark Tedeschi, QC, said the conclusion that DNA evidence had weakened the case was wrong.

"If your honour considers all the DNA evidence ... the only real conclusion is that there are, deposited on the accused's floor, the blood of at least four of these victims including at least one of the females," Mr Tedeschi told Justice Stephen Rothman.

Mr Xie's barrister, Lester Fernandez, had argued "fundamental matters" in the Crown case could not be proved.